Caoimhín McGeever, otherwise known as Kevin McGeever, was alleged in the High Court to have failed to provide a truthful and accurate statement of means in response to efforts by businessman James Byrne to recover a judgment of €1.18m obtained against him.
Mr McGeever, who, the court was told, “swindled” Mr Byrne out of his money, has opposed the application.
Mr Byrne obtained judgment against Mr McGeever and his company over a failed deal regarding the purchase of several apartments in Dubai which had been sold to Mr Byrne by Mr McGeever’s company, KMM Intel Properties.
As part of Mr Byrne’s attempts to recover the monies, Mr McGeever, with an address at Clontarf, Dublin 3, had earlier been cross-examined before the master of the High Court about his affairs as set out in his sworn statement.
It is claimed Mr McGeever did not set out his property interests in the statement as he is required to do. These included an alleged interest in the mansion called Nirvana in Craughwell, Co Galway.
Mr McGeever claims Nirvana is owned by a Belize-registered company called Universal Assets Ltd and is held in trust for his two daughters Shanelle and Renee. It is also alleged Mr McGeever perjured himself in his sworn statement.
Mr Byrne claims that his efforts to recover the monies have been impaired by Mr McGeever’s alleged failure to provide a full and frank statement of affairs.
An application seeking Mr McGeever’s committal to prison came before Mr Justice Donald Binchy in July, when the judge adjourned the proceedings so certain steps could be taken on Mr McGeever’s behalf.
The matter was in for a review before Mr Justice Anthony Barr yesterday. Gary McCarthy, counsel for Mr Byrne, told Mr Justice Barr that his client had been “swindled out of his life savings by Mr McGeever”.
Mr McCarthy said that Mr McGeever could not be trusted and that he had done nothing since the matter was before Judge Binchy.
Information and documentation concerning the deed of trust in relation to Nirvana had been sought but had not been provided.
Counsel said that Mr McGeever pleaded guilty before Galway Circuit Court last April and had received a two-year suspended sentence for wasting garda time.
He had claimed he was kidnapped by creditors who held him for eight months before he turned up on a roadside and was picked up by a passing motorist.
Séamus Ó Tuathail, counsel for Mr McGeever, objected to the use of the word ‘swindled’. He said their case was that it was an investment that had gone wrong. Certain steps had been taken on Mr McGeever’s behalf including attempts to secure the information concerning Nirvana.
Mr Ó Tuathail said steps were also being taken in respect of the will of Siobhán O’Callaghan, the late partner of Mr McGeever. She died in 2013, leaving him three properties in Dublin. That will was the subject of other proceedings before the High Court, the court heard.
Mr Justice Barr adjourned the matter to a date in early October before Mr Justice Binchy. The judge accepted certain steps had been carried out on Mr McGeever’s behalf and directed a further sworn statement updating the court should be provided next month.